Cobb v. Malone & Collins
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. . This action was brought by A. A. Cobb, against Malone & Collins as partners, to recover damages for an alleged conversion by the defendants of a bale of cotton, on which plaintiff claimed a statutory lien for advances; and was commenced before a justice of the peace, on the 17th October, 1887. The justice rendered judgment in favor of the defendants, and the plaintiff took an appeal to the…
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Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. . This action was brought by A. A. Cobb, against Malone & Collins as partners, to recover damages for an alleged conversion by the defendants of a bale of cotton, on which plaintiff claimed a statutory lien for advances; and was commenced before a justice of the peace, on the 17th October, 1887. The justice rendered judgment in favor of the defendants, and the plaintiff took an appeal to the Circuit Court. 'On the trial, as the bill of exceptions shows, the plaintiff read in evidence the mortgage under which…
1Opinion of the CourtClopton, J.
On February 5, 1887, C. D. Crutchfield executed to appellant a mortgage on an unplanted crop. In August thereafter, tbe mortgagor sold a bale of cotton, covered by tbe mortgage, to appellees, who shipped and sold tbe same. Appellant brought this action to recover damages for tbe conversion of tbe cotton by tbe defendants, with notice of bis equitable lien. In answer to tbe action, defendants set up that Crutchfield executed to plaintiff a subsequent mortgage on other personal property, which be agreed to receive in satisfaction of tbe conversion of tbe cotton, and promised to dismiss the…
2Cases cited2 opinions
- Smith v. GayleSupreme Court of Alabama · 1877
- Wailes v. NealSupreme Court of Alabama · 1880
3Cited by5 opinions
- Cobb v. Malone & CollinsSupreme Court of Alabama · 1890
- City Council v. ShirleySupreme Court of Alabama · 1908
- Citizens Ins. Co. v. MathisSupreme Court of Alabama · 1936
- Holloway v. HarperSupreme Court of Alabama · 1895
- Peinhardt v. BonnerSupreme Court of Alabama · 1936